Summary: We will not investigate Ms X’s complaint about the Council’s refusal to extend her disabled parking bay. This is because there is not enough evidence of fault by the Council causing Ms X significant injustice.

The complaint

1. The complainant, Ms X, complains the Council has refused to extend her disabled parking bay. She wants the Council to agree to the extension and pay her compensation.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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Background

5. Disabled parking bays are not intended for use by only one person. They are also advisory; this means the Council cannot issue a penalty charge notice if a motorist without a disability or blue badge decides to park in one.
6. Ms X has a disabled parking bay outside her property. She asked the Council to extend it as motorists were parking close to the bay and preventing her from opening her boot. The Council initially agreed to extend the parking bay but has since carried out a road safety review which decided the layout was “not favourable” and created more parking problems. It therefore decided Ms X’s parking bay needed moving and gave her two options on where to put it.
7. Ms X does not agree that the bay needs to be moved; she believes the Council should extend the bay as initially agreed.

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My assessment

8. We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
9. While the Council acknowledges delay in reaching its final decision on the disabled parking bay it has apologised for this and it is unlikely we would recommend any further remedy for the issue.
10. The outcome of the road safety review is a matter of professional judgement and it is not for us to say the Council must act against its recommendations and extend the bay in its current location.
11. The Council has offered Ms X two options for moving the bay and both ensure the bay remains in an accessible location close to her home. However this does not prevent Ms X from parking in a different position on the road, subject to any parking restrictions, if she considers this would be better for her.
12. Ultimately, while the disabled parking bay is marked on the road anyone can park in it. This means Ms X cannot assume she will always be able to park in the bay and she is not limited to using it.

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Final decision

13. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council or to show its actions caused Ms X significant injustice.

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Investigator's decision on behalf of the Ombudsman